It was such a terrible toothache that all he could think of to quell the pain was a few drinks.
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Three in fact. Forty-five millilitre glasses of port.
But it was what Brendon John Spencer did next that he “deeply regrets”, defence solicitor Mark Cronin told Albury Local Court this week.
Spencer got a phone call from a mate who wanted him to come around for a celebratory drink to mark the birth of a child.
And so instead of considering how foolish it would be to drive, Spencer did just that.
Spencer pleaded guilty to driving with a mid-range prescribed concentration of alcohol.
Magistrate Chris McRobert described Spencer’s drink-driving as “somewhat troubling”, as it was his third such offence.
Mr McRobert said he was prepared to accept there were no aggravating factors in Spencer’s driving but it was also clear that Spencer was driving to the other man’s house to indulge in drinking even more alcohol.
“The fact you have now been caught three times is very much a warning sign.”
Police told the court that Spencer, 39, of Lavington, was driving south in Young Street, Albury, on June 23 when he was stopped for a random breath test at 7.15pm.
He gave a positive result so was arrested and taken to Albury police station for another test, which produced a blood alcohol reading of 0.110.
Spencer told police he had the three glasses of ports between 6.15pm and 6.45pm.
Mr McRobert convicted and fined Spencer $1500 and disqualified him from driving for nine months.